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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2192 By: Lowe (Jason)
AS INTRODUCED
An Act relating to public health; creating the COVID-
19 Save Lives Response Act; providing for effective
period and termination con ditions; defining terms;
requiring certain people to wear masks or face
coverings under certain circumstances; requiring
businesses to provide face coverings; requiring
certain entities to compel compliance or r emoval;
prohibiting certain non essential gatherings;
requiring compliance with certain guidelines;
requiring the reduction of in -person workforce of
certain entities; providing exceptions; providing for
penalties; providing for codification; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7320 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "COVID-19 Save
Lives Response Act". It shall remain in force and effect until the
State Department of Health confirms that no mo re than three hundred
(300) persons have been hospitalized statewide for COVID-19 on any
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given day for at least thirty (30) consecutive days , at which point
it shall cease to have the force and effect of law .
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7321 of Title 63, unless there
is created a duplication in numbering, reads as follows:
For purposes of this a ct:
A. "Essential businesses " shall include, but not be limited to ,
the following:
1. Health care operations, including research or laboratory
services;
2. Infrastructure entities, including utilities,
telecommunications, airports and transportation;
3. Hotels and places of accommodation;
4. Manufacturing, including food processing and
pharmaceuticals;
5. Grocery stores and pharmacies;
6. Services, including trash coll ection, mail and shipping;
7. News media;
8. Banks and financial institutions;
9. Providers of basic necessities to economi cally disadvantaged
populations;
10. Construction;
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11. Vendors of essential services necessary to maintain the
safety, sanitation and essential operations of residences or other
essential businesses;
12. Vendors that provide essential services or products,
including logistics and technology support;
13. Child care providers;
14. Support services needed to ensure the continuing o peration
of government agencies and to provide for the health, sa fety and
welfare of the public; and
15. Places of worship that are eligible for the religious
exemption found in Section 501(c)(3) of Title 26 of the United
States Code.
B. "Face-coverings" shall include, but not be limited to, clot h
masks, whether homemade, sewn or quick-cut, bandanas, surgi cal masks
and N95 respirators.
C. "Social distance" shall mean a distance of at least six (6)
feet between any persons not of the same household.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7322 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Any person who is five (5) years of age or older and w ho is
medically able to tolerate a face covering shall be required to
cover his or her nos e and mouth with a mask or face covering when in
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a public place and unable to maintain, or when not maintain ing,
social distance.
B. Any passenger of a public or pri vate transportation ca rrier
or other for-hire vehicle who is five (5) years of age or older and
who is medically able to tolerate a face -covering shall wear a mask
or face-covering over the nose and mouth during any such trip. A ny
employee of such public or private transportation carrier who is
operating such public or private transport shall likewise wear a
mask or face-covering which covers the nose and mouth while there
are any passengers in the vehicle.
C. Any employee who is present in the workplace shall be
provided and shall wear a mask or face -covering when in direct
contact with customers or members of the public or when unable to
maintain social distance. Employees of food service establishments
must wear a mask or face -covering at all times whi le at their places
of work. Businesses must provide, at their expense, such face
coverings for their employees.
D. Business operators, building owners, and those authorized on
their behalf or otherwise authorized to use the building shall deny
admittance to any person who fails to c omply with this section and
shall require or compel such persons ' removal. Provided, however,
this subsection shall be applied in a manner consistent the
Americans with Disabilities Act.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7323 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. There shall be no non essential gatherings of greater than
ten individuals for any reason at any location in the state,
including, but not limited to, parties, celebrations or other social
events.
B. No person, business or other entity shall encourage or
promote any nonessential gathering, including those on public
property such as streets, s idewalks, parking lots, par ks or
playgrounds, that would violate subsection A of this section.
C. There shall be no non essential gatherings on sidewalks,
streets or other public property within one hundred (100) feet of
any food service establishment or a ny business holding a liquor
license from the Alcoholic Beverage Laws Enforcement (ABLE)
Commission.
D. All nonessential gatherings that are permitted pursuant to
this section shall comply with social distancing, cleaning and
safety guidelines issued by the State Department of Health.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7324 of Title 63, unless there
is created a duplication in numbering, reads as follows:
All business and not -for-profit entities in the state shall
utilize, to the maximum extent safely possible, any telecommuting or
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work-from-home procedures. Each employer shall attempt to reduce
the in-person workforce at any work location by one hundred percent
(100%), provided that essential businesses shall not be subject to
such in-person restrictions. An entity providing essential services
or functions to an essential business or nonessential business shall
not be subject to the in -person work restriction but may operate a t
the level necessary to provide such service s or functions.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7325 of Title 63, unless there
is created a duplication in numbering, reads as f ollows:
Individuals or entities that violate this a ct shall be subject
to a fine not to exceed One Thousand Dollars ($1,000.00) for each
violation; provided that individuals or entities who violate
subsection A or B of Section 4 of this a ct shall be subject to a
maximum fine of Fifteen T housand Dollars ($15,000.00) for each
violation. Each day that there is a nonessential gathering or that
an entity operates in a manner inconsistent with this a ct shall
constitute a separate violation.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-6286 AB 01/20/21